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40.2 The Commonwealth Superannuation Scheme (CSS), Nor<strong>the</strong>rn Territory Government <strong>and</strong><br />

Public Authorities Superannuation Scheme (NTGPASS) <strong>and</strong> Nor<strong>the</strong>rn Territory<br />

Supplementary Superannuation Scheme (NTSS) are classified as exempt <strong>public</strong> <strong>sector</strong><br />

superannuation schemes under <strong>the</strong> Superannuation Industry (Supervision) Act 1993. The<br />

superannuation legislation treats exempt <strong>public</strong> <strong>sector</strong> superannuation schemes as<br />

complying funds for concessional taxation <strong>and</strong> superannuation guarantee purposes.<br />

40.3 Employees who commenced after 10 August 1999 can choose a complying superannuation<br />

fund to receive contributions on <strong>the</strong>ir behalf. Employees who do not nominate a<br />

superannuation fund will become members <strong>of</strong> <strong>the</strong> current default superannuation fund.<br />

40.4 The Commissioner must, in accordance with <strong>the</strong> governing rules <strong>of</strong> <strong>the</strong> relevant complying<br />

superannuation fund as defined in <strong>the</strong> superannuation legislation, make such<br />

superannuation contributions to <strong>the</strong> fund for <strong>the</strong> benefit <strong>of</strong> an Employee as will avoid <strong>the</strong><br />

Commissioner being required to pay superannuation guarantee charge under <strong>the</strong><br />

superannuation legislation in respect <strong>of</strong> that Employee. For <strong>the</strong> purposes <strong>of</strong> <strong>the</strong><br />

superannuation legislation, an Employee’s ordinary time earnings including allowances in<br />

<strong>the</strong> nature <strong>of</strong> salary are intended to provide that Employee’s notional earnings base.<br />

41. Salary Sacrifice<br />

Salary Sacrifice for Employer Superannuation<br />

41.1 Under this Agreement an Employee may choose to sacrifice salary for employer<br />

superannuation contributions into a compliant superannuation fund. The arrangement is<br />

available to all Employees <strong>and</strong> participation is at <strong>the</strong> discretion <strong>of</strong> an individual Employee.<br />

41.2 Under <strong>the</strong> arrangement <strong>the</strong> following conditions will apply:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

An Employee who currently contributes to <strong>the</strong> Commonwealth Superannuation Scheme<br />

(CSS) is not able to salary sacrifice into that scheme but can salary sacrifice into a<br />

complying superannuation fund.<br />

An Employee who currently contributes 6% to Nor<strong>the</strong>rn Territory Government <strong>and</strong><br />

Public Authorities Superannuation Scheme (NTGPASS) may salary sacrifice into <strong>the</strong><br />

NTGPASS or ano<strong>the</strong>r complying superannuation fund.<br />

An Employee who currently has his or her employer superannuation guarantee<br />

contributions paid to a ‘Fund <strong>of</strong> Choice’ (employed after 10 August 1999) may salary<br />

sacrifice into that ‘Fund <strong>of</strong> Choice’.<br />

While <strong>the</strong>re is no limit to <strong>the</strong> amount an Employee can salary sacrifice to<br />

superannuation, <strong>the</strong> amount sacrificed plus any o<strong>the</strong>r Employer contributions, will be<br />

assessed against <strong>the</strong> concessional contribution cap relevant to <strong>the</strong>ir age. Contributions<br />

that exceed <strong>the</strong> cap will be taxed at <strong>the</strong> highest marginal tax rate plus Medicare levy.<br />

37<br />

NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement

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